(A) This subchapter does not imply the areas outside the flood hazard districts as defined herein, would be free of flooding or flood damage.
(B) In the FP, FW and FF Districts established herein, the degree of flood protection established in this subchapter is considered reasonable for regular purposes and is based on engineering and scientific considerations.
(C) Larger floods can and will occur on rare occasions. Flood heights may be increased by human- made or natural causes such as ice or debris jams.
(D) This subchapter does not create any liability on the part of the town, the Commission, Natural Resources, the state or any elected or appointed official or employee thereof for any flood damages that result from the reliance on this subchapter or any administrative decision lawfully made hereunder.
(E) Upon receipt of the application for a building permit, the Building Inspector shall review the application and grant or deny the application based upon the following guidelines, to-wit.
(1) Flood Plain. The purpose of the Flood Plain District (FP) is to guide development in flood hazard areas in which a commission floodway has not been established.
(2) Floodway. The purpose of the Floodway (FW) is to delineate the area established by natural resources as a commissioned floodway. Natural Resources exercises primary jurisdiction within the federal district under the provisions of Ch. 318, Acts of 1945, as amended. The Commission may place terms and conditions on any permit of issues in the Floodway District, which are more restricted than those imposed by Natural Resources.
(3) Floodway Fringe. The purpose of the Floodway Fringe (FF) District is to regulate land use in the flood hazard area outside the floodway. The Floodway Fringe District may stand by itself or be combined with any district which the Town Council deems appropriate. Generally speaking, all construction of buildings in this district shall be two feet above regulatory flood profiles as established by Natural Resources.
(4) Flood Plain uses; (FP) District.
(a) Permitted uses (by right).
1. Agricultural uses such as the production of crops, pastures, orchards, plant nurseries, vineyards and general farming;
2. Forestry, wild life areas and nature preserves; and
3. Parks and recreational uses such as golf courses, driving ranges and play areas.
(b) Special exceptions. The following special exception uses may be permitted in the Flood Plain District, only after a proper permit for same has been granted by Natural Resources. All terms and conditions imposed by Natural Resources will be incorporated in any permit issued by the town. The town may impose greater restrictions:
1. Water management and use facilities, such as dams, docks, dolphins, channel improvements, dikes, jetties, groins, marinas, piers, wharves, levees, seawalls, floodwalls, weirs and irrigation facilities;
2. Transportation facilities, such as streets, bridges, roadways, fords, airports, pipe lines, railroad and utility transmission facilities;
3. Temporary or seasonal flood plain occupancy, such as circus sites, fair sites, carnival sites, boat ramps, camps, roadside stands and transient amusement facility sites;
4. Water-related urban uses, such as wastewater treatment facilities, storm sewers, electric generating and transmission facilities and water treatment facilities; and
5. Other flood tolerant or open space urban uses, such as flood-proofed industrial and commercial buildings, race tracks, tennis courts, park buildings, outdoor theaters, fills, truck freight terminals, radio or television towers, parking lots and mineral extractions.
(5) Flood uses (FW District).
(a) Permitted uses (by right).
1. Agricultural uses such as the production of crops, pastures, orchards, plant nurseries, vineyards and general farming;
2. Forestry, wildlife areas and nature preserves; and
3. Parks and recreational uses, such as golf courses, driving ranges and play areas.
(b) Special exceptions. The following special exception uses may be permitted in the Floodway (FW) District by special exception:
1. Water management and use facilities, such as dams, docks, dolphins, channel improvements, dikes, jetties, groins, marinas, piers, wharves, levees, seawalls, floodwalls, weirs and irrigation facilities;
2. Transportation facilities, such as streets, bridges, roadways, fords, airports, pipe lines, railroads and utility transmission facilities;
3. Temporary or seasonal flood plain occupancy, such as circus sites, fair sites, carnival sites, boat ramps, camps, roadside stands and transient amusement facility sites;
4. Water-related urban areas, such as wastewater treatment facilities, storm sewers, electric generating and transmission facilities and water treatment facilities; and
5. Other flood tolerant or open space urban uses, such as flood-proofed industrial and commercial buildings, race tracks, tennis courts, park buildings, outdoor theaters, fills, truck freight terminals, radio or television towers, parking lots and mineral extraction.
(6) Floodway Fringe uses.
(a) All buildings constructed in a Floodway Fringe District shall have a flood protection grade at least two feet above the regulatory flood profile as established by Natural Resources.
(b) Where the Floodway Fringe (FF) District overlaps with any other zone, the uses permitted by right or by special exception shall be constructed to have a flood protection grade at least two feet above the regulatory flood profile as established by Natural Resources.
(7) Non-conforming uses.
(a) No non-conforming use in a Floodway District shall be expanded or enlarged without a permit for construction in a floodway from Natural Resources.
(b) A non-conforming use in a Floodway Fringe District may be altered, enlarged or extended, on a one-time-only basis, provided the alterations, enlargements or extensions do not increase the value of the building or structure, excluding the value of land, by more than 40% of its pre-improvement market value, unless the building or structure is permanently changed to a conforming use.
(c) A non-conforming use in a Flood Plain District may be altered, enlarged or extended on a one-time-only basis, provided the procedures set forth in this subchapter are followed and further provided alterations, enlargements or extensions do not increase the value of the building or structure, excluding the value of land, by more than 49% of its pre-improvement market value, unless the building or structure is permanently changed to a conforming use.
(d) Any non-conforming use in the FP, FW and FF Districts which is damaged by flood, fire, explosion, Act of God or the public enemy may be restored to its original dimensions and conditions, provided the damage does not reduce the value of the buildings, excluding the value of the land, by more than 40% of its pre-damage value.
(Prior Code, § 152.07) (Ord. 1-1975, passed 5-6-1975)